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SEVENTEENTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, January 24, 2001
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Benton, Gardner, Honeyford and Regala.
The Sergeant at Arms Color Guard, consisting of Pages Holly Kelsey and Carisa Bettger, presented the Colors. Reverend David Robin, pastor of the First Presbyterian Church in Tenino, offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
January 23, 2001
SB 5064 Prime Sponsor, Senator Prentice: Defining degrees of gambling cheating. Reported by Committee on Labor, Commerce Financial Institutions
MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Benton, Franklin, Hochstatter, Honeyford, Patterson, Rasmussen, Regala, West and Winsley.
Passed to Committee on Rules for second reading.
January 23, 2001
SB 5372 Prime Sponsor, Senator Prentice: Authorizing cooperative agreements concerning the taxation of cigarette sales on Indian lands. Reported by Committee on Labor, Commerce and Financial Institutions
MAJORITY Recommendation: That the bill be referred to the Committee on Ways and Means without recommendation. Signed by Senators Prentice, Chair; Benton, Franklin, Hochstatter, Honeyford, Patterson, Rasmussen, Regala, West and Winsley.
Referred to Committee on Ways and Means.
MESSAGE FROM STATE OFFICE
STATE OF WASHINGTON
DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Olympia, Washington 98504-5000
January 22, 2001
Mr. Tony Cook
Secretary of the Senate
P.O. Box 40482
Olympia, Washington 98504-0482
Dear Mr. Cook:
Enclosed is the department's Report to the Legislature entitled "Chemical Dependency Disposition Alternative." It is mandated under RCW 70.96A.520.
Please call Barbara Glass at (360) 902-7805 if you have questions regarding the report.
Sincerely,
DENNIS BRADDOCK, Secretary
The Department of Social and Health Services Report on Chemical Dependency Disposition Alternative is on file in the Office of the Secretary of the Senate.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the members of the Washington Citizens Commission on Salaries for Elected Officials, who were seated in the gallery. Members are in Olympia today to attend hearings and meetings.
INTRODUCTION AND FIRST READING
SB 5463 by Senators Morton, Hochstatter, Stevens, Oke and McCaslin
AN ACT Relating to surplus hatchery-reared fish; adding a new section to chapter 77.12 RCW; and creating a new section.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5464 by Senators Morton, Hochstatter, Stevens, Oke and McCaslin
AN ACT Relating to reporting the disposition of surplus salmon; and adding a new section to chapter 77.04 RCW.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5465 by Senators Costa, Hargrove and Long
AN ACT Relating to sex offender treatment providers; reenacting and amending RCW 18.155.020 and 18.155.030; adding a new section to chapter 18.155 RCW; adding a new section to chapter 4.24 RCW; adding a new section to chapter 71.09 RCW; and creating a new section.
Referred to Committee on Human Services and Corrections.
SB 5466 by Senators Prentice and Winsley
AN ACT Relating to regulation of plumbers; amending RCW 18.106.010, 18.106.020, 18.106.030, 18.106.050, 18.106.070, 18.106.090, 18.106.155, 18.106.170, 18.106.180, and 18.106.250; creating a new section; and providing an expiration date.
Referred to Committee on Labor, Commerce and Financial Institutions.
SB 5467 by Senators Constantine, Jacobsen and Regala (by request of Department of Fish and Wildlife)
AN ACT Relating to civil enforcement of hydraulic projects; amending RCW 77.15.300; adding a new section to chapter 77.55 RCW; creating a new section; repealing RCW 77.55.140; and prescribing penalties.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5468 by Senators Costa, Long, Hargrove and Kohl-Welles (by request of Department of Social and Health Services)
AN ACT Relating to the chemical dependency disposition alternative; and amending RCW 13.40.165.
Referred to Committee on Human Services and Corrections.
SB 5469 by Senators T. Sheldon, Rasmussen, Haugen and McCaslin
AN ACT Relating to tax deferrals in rural counties and community empowerment zones; and amending RCW 82.60.010, 82.60.020, 82.60.049, 82.62.010, 82.62.030, and 82.62.045.
Referred to Committee on Economic Development and Telecommunications.
SB 5470 by Senators Long, Costa and Kohl-Welles (by request of Department of Social and Health Services)
AN ACT Relating to providing services for persons through twenty years of age, who are or who have been in foster care; amending RCW 74.13.031; and reenacting and amending RCW 74.09.510.
Referred to Committee on Human Services and Corrections.
SB 5471 by Senators Johnson, Long and Constantine (by request of Administrator for the Courts)
AN ACT Relating to small claims collection cost recovery; and amending RCW 12.40.105.
Referred to Committee on Judiciary.
SB 5472 by Senators Johnson, Constantine and Kline (by request of Administrator for the Courts)
AN ACT Relating to courts of limited jurisdiction; amending RCW 3.50.810 and 3.46.150; and repealing RCW 3.46.155.
Referred to Committee on Judiciary.
SB 5473 by Senators Thibaudeau, Deccio, Kline, Fairley, McAuliffe, Rasmussen, Long, Winsley and Kohl-Welles (by request of Department of Community, Trade, and Economic Development)
AN ACT Relating to creating a developmental disabilities ombudsman; amending RCW 43.190.060 and 43.06A.030; adding a new chapter to Title 43 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5474 by Senators B. Sheldon, Winsley, Spanel, Long and Fraser (by request of Department of General Administration)
AN ACT Relating to consolidating funds within the general administration services account; amending RCW 43.19.025 and 43.19.1923; and repealing RCW 39.35C.110.
Referred to Committee on Ways and Means.
SB 5475 by Senators B. Sheldon, West, Sheahan and McCaslin
AN ACT Relating to the business and occupation taxation of sales of new and used motor vehicles; adding new sections to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; creating a new section; prescribing penalties; providing an effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5476 by Senators Patterson and Prentice
AN ACT Relating to issuing credit cards to persons under the age of twenty-one; adding a new section to chapter 28B.10 RCW; and adding a new chapter to Title 19 RCW.
Referred to Committee on Labor, Commerce and Financial Institutions.
SB 5477 by Senators Haugen, Long, Shin, McAuliffe, Swecker, Horn and Costa
AN ACT Relating to public transportation systems; and amending RCW 36.57A.110 and 36.57A.130.
Referred to Committee on Transportation.
SB 5478 by Senators Franklin, Winsley, Prentice, Shin, Costa, Eide, T. Sheldon, Fairley, Jacobsen, Thibaudeau, B. Sheldon, Regala, Kline, Kohl-Welles, Spanel, McAuliffe, Fraser and Snyder
AN ACT Relating to lead-based paint activities; and creating new sections.
Referred to Committee on Health and Long-Term Care.
SB 5479 by Senator Jacobsen (by request of Washington Uniform Legislation Commission)
AN ACT Relating to athlete agents; adding a new chapter to Title 18 RCW; and prescribing penalties.
Referred to Committee on Labor, Commerce and Financial Institutions.
SB 5480 by Senators Fairley, McAuliffe, Eide, Rasmussen, Long, Thibaudeau, Kline, Franklin, Kohl-Welles, Regala and McCaslin
AN ACT Relating to children placed in the care of relatives; adding a new section to chapter 74.13 RCW; and creating a new section.
Referred to Committee on Human Services and Corrections.
SB 5481 by Senators Fairley and Kohl-Welles
AN ACT Relating to conformity with federal law regarding Title 74 RCW; amending RCW 6.26.060, 10.101.010, 26.19.071, 26.19.075, 26.23.035, 28C.04.420, 43.20B.310, 74.04.770, 74.08.025, 74.08.080, 74.08.335, 74.08A.010, 74.08A.210, 74.08A.220, 74.08A.230, 74.08A.260, 74.08A.270, 74.08A.275, 74.08A.285, 74.08A.310, 74.08A.320, 74.08A.330, 74.08A.340, 74.08A.380, 74.08A.400, 74.08A.410, 74.12.010, 74.12.030, 74.12.035, 74.12.250, 74.12.255, 74.12.260, 74.12.300, 74.12.330, 74.12.361, 74.12.400, 74.12.410, 74.12.450, 74.13.0903, and 74.25.040; reenacting and amending RCW 74.09.522; and adding new sections to chapter 74.08A RCW.
Referred to Committee on Human Services and Corrections.
SB 5482 by Senators Shin, Horn, B. Sheldon, Jacobsen, Kohl-Welles, Sheahan, T. Sheldon, McAuliffe, Rasmussen and Oke
AN ACT Relating to encouraging senior citizens to volunteer in schools; adding a new section to chapter 28A.320 RCW; and creating a new section.
Referred to Committee on Education.
SB 5483 by Senator Rasmussen
AN ACT Relating to solid waste disposal standards; and amending RCW 70.95.060.
Referred to Committee on Environment, Energy and Water.
SB 5484 by Senators Hargrove and Rasmussen
AN ACT Relating to taxation of businesses selling conifer seeds or growing seedlings; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; and creating new sections.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5485 by Senators Rasmussen and Morton
AN ACT Relating to animal cruelty; and amending RCW 16.52.185.
Referred to Committee on Agriculture and International Trade.
SB 5486 by Senators Rasmussen, Oke, Eide, Winsley, Long, Franklin, Costa, Kohl-Welles, Regala, Kastama, Thibaudeau, Roach, Stevens, McAuliffe and McCaslin
AN ACT Relating to dependent children and the manufacture of methamphetamine; amending RCW 26.44.020; and creating a new section.
Referred to Committee on Human Services and Corrections.
SB 5487 by Senators Morton and Oke
AN ACT Relating to smoking in casinos; and amending RCW 70.160.020 and 70.160.040.
Referred to Committee on Labor, Commerce and Financial Institutions.
SB 5488 by Senators Haugen, Benton, T. Sheldon and Winsley
AN ACT Relating to special license plates; amending RCW 46.16.313; reenacting and amending RCW 46.16.305; adding a new section to chapter 46.04 RCW; adding a new section to chapter 46.16 RCW; adding a new section to chapter 28A.300 RCW; and creating a new section.
Referred to Committee on Transportation.
SB 5489 by Senators B. Sheldon, Swecker, T. Sheldon, Rasmussen, Winsley and Oke (by request of Department of Veterans Affairs)
AN ACT Relating to certain personnel in the department of veterans affairs; and amending RCW 41.06.077.
Referred to Committee on State and Local Government.
SB 5490 by Senators Johnson, Finkbeiner, Hewitt, Honeyford, Hochstatter, Zarelli, Stevens, Sheahan, Hale, Swecker and McCaslin
AN ACT Relating to the certificate of mastery; and amending RCW 28A.655.060.
Referred to Committee on Education.
SB 5491 by Senators Kline and Long (by request of Administrator for the Courts)
AN ACT Relating to small claims appeals; and amending RCW 12.36.050 and 12.36.055.
Referred to Committee on Judiciary.
SB 5492 by Senators Patterson, Carlson, Regala, Fraser, Horn, Haugen, Jacobsen and Kohl-Welles
AN ACT Relating to providing incentives to reduce air pollution through the use of clean alternative fuel vehicles; amending RCW 70.94.030, 82.36.010, and 82.36.280; reenacting and amending RCW 82.36.025; adding new sections to chapter 70.94 RCW; adding new sections to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; repealing RCW 43.19.637 and 82.38.075; prescribing penalties; providing an effective date; and providing an expiration date.
Referred to Committee on Environment, Energy and Water.
SB 5493 by Senator Jacobsen
AN ACT Relating to the youth athletic facility account; and amending RCW 43.99N.060.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5494 by Senators Jacobsen and McAuliffe
AN ACT Relating to noise prevention for motor vehicles; and amending RCW 46.37.390.
Referred to Committee on Transportation.
SB 5495 by Senator Jacobsen
AN ACT Relating to the community outdoor athletic fields advisory council; and amending RCW 79A.25.810.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5496 by Senators Rasmussen, Swecker and Honeyford
AN ACT Relating to tax rate modifications for animal health products; amending RCW 82.04.050; and providing an effective date.
Referred to Committee on Agriculture and International Trade.
SB 5497 by Senators Rasmussen, Swecker and Haugen
AN ACT Relating to excluding farm and agricultural land from forest land under the forest practices act; and amending RCW 76.09.020.
Referred to Committee on Agriculture and International Trade.
SB 5498 by Senators Rasmussen, Swecker and Honeyford
AN ACT Relating to providing farmers with sales and use tax exemptions for propane and wood shavings used in the raising of chickens; adding new sections to chapter 82.08 RCW; and adding new sections to chapter 82.12 RCW.
Referred to Committee on Agriculture and International Trade.
SB 5499 by Senators Jacobsen and Oke (by request of Office of Financial Management)
AN ACT Relating to forest fire protection assessments; and amending RCW 76.04.610.
Referred to Committee on Natural Resources, Parks and Shorelines.
SB 5500 by Senators Hargrove and Long
AN ACT Relating to programs and proceedings for children under the BECCA and HOPE acts; amending RCW 13.32A.030, 13.32A.160, 13.32A.170, 13.32A.179, 13.32A.190, 13.32A.196, 13.32A.198, 28A.225.035, 7.21.030, 13.32A.250, and 13.32A.250; reenacting and amending RCW 28A.225.090 and 28A.225.090; adding a new section to chapter 13.32A RCW; adding a new section to chapter 74.15 RCW; providing an effective date; and providing an expiration date.
Referred to Committee on Human Services and Corrections.
SB 5501 by Senator Hargrove
AN ACT Relating to a student's use of a GED certificate as a defense to a truancy action; and adding a new section to chapter 28A.225 RCW.
Referred to Committee on Education.
SB 5502 by Senator Prentice
AN ACT Relating to boxing official licensing; and amending RCW 67.08.100.
Referred to Committee on Labor, Commerce and Financial Institutions.
SB 5503 by Senators Prentice, Kastama, Costa, Fairley, Thibaudeau, Franklin, Shin, Kline, Gardner, Hargrove, Kohl-Welles, McAuliffe and Rasmussen
AN ACT Relating to privacy of personal financial information; and adding a new chapter to Title 19 RCW.
Referred to Committee on Labor, Commerce and Financial Institutions.
SB 5504 by Senators Thibaudeau, Deccio, McAuliffe, Costa, Kohl-Welles, Fraser and Oke
AN ACT Relating to licensed dental hygienists; amending RCW 18.29.056; creating a new section; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 5505 by Senators Thibaudeau, Deccio, Franklin, Costa and Kohl-Welles
AN ACT Relating to increasing the supply of dentists to meet the critical shortage of dental providers in this state and underserved areas; amending RCW 18.32.215; adding new sections to chapter 18.32 RCW; and creating a new section.
Referred to Committee on Health and Long-Term Care.
SB 5506 by Senator Jacobsen
AN ACT Relating to the separate reserve fund maintained by a charitable gift annuity business; and amending RCW 48.38.020.
Referred to Committee on Labor, Commerce and Financial Institutions.
SB 5507 by Senator Kastama
AN ACT Relating to establishing parenting plans or residential schedules for parents who have voluntarily acknowledged paternity; amending RCW 26.26.040, 26.26.130, 26.50.025, 26.50.060, 9.41.800, 10.14.200, 26.23.020, and 26.23.120; adding a new chapter to Title 26 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Judiciary.
MOTION
On motion of Senator Rasmussen, the following resolution was adopted:
SENATE RESOLUTION 2001-8606
By Senators Rasmussen, Swecker, McAuliffe, Franklin, Haugen, Eide, Kastama and Spanel
WHEREAS, It is the policy of the Washington State Legislature to recognize the heroic actions of its residents; and
WHEREAS, We often take for granted that our children will be safely transported to and from school; and
WHEREAS, On a recent winter day, a two-ton vehicle collided with a Bethel School District bus carrying twenty-two students; and
WHEREAS, The bus, driven by ten-year veteran bus driver Cheryl Mooring, caught fire as a result of the crash; and
WHEREAS, Although her glasses flew off and she was blinded by smoke from the fire, Cheryl Mooring was able to free her leg, which was pinned beneath the dashboard, and lead all of the middle-school students onboard to safety; and
WHEREAS, For her actions, Cheryl Mooring was hailed by the Washington State Patrol and Bethel School District officials as “a heroine.”
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate, on behalf of the people of our state, do hereby recognize and acknowledge the outstanding display of heroic actions and commitment to students by Cheryl Mooring; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Cheryl Mooring and the Bethel School District.
Senators Rasmussen, Franklin and Swecker spoke to Senate Resolution 2001-8606.
PERSONAL PRIVILEGE
Senator Deccio: “A point of personal privilege, Mr. President. Mr. President and ladies and gentlemen of the Senate, I want to express my gratitude for your thoughts and prayers the last few days. Lucille had surgery for an intestinal resection. There was no malignancy and we are really blessed. Prayer works and with your help everything has just worked out fine. Again, I want to thank you very much.”
PERSONAL PRIVILEGE
Senator Parlette: “A point of personal privilege, Mr. President. Most of you do have a card on your desks. I must tell you it is an IOU. I also must tell you it would be very smart for you to read it carefully, because there is little bit of work involved on your part to fill out something if you want to receive this gift. There are three things that I would like to share about these cherries that you may be receiving as a gift from the Twelfth District and a gift from our orchard, Hover Hawk Inc. You might want to hope that there is no frost during the bloom season or you will not get these cherries. You, also, might want to hope that it does not rain in the month of July, because we are very late. Our orchard is at twenty-three hundred feet. We are one of the last ones to harvest cherries. So, let’s hope for sunshine at that time.
“But most importantly, this would be good advice to both sides of the aisle to make sure that we do not dilly-dally with this budget or I won’t be home to pack these cherries and ship them to you. Thank you very much.”
PERSONAL PRIVILEGE
Senator Prentice: “I also rise to a point of personal privilege. I would like to thank Senator Parlette for solving what had been a dilemma for me. I have been wondering if we really want to be here in June and July waiting for that gift. Because, I always want to one-up Senator Oke, I have been there picking my own and are they good. Be sure and send that card in, because they are terrific and let’s hope that we are all at home and enjoying them.”
PERSONAL PRIVILEGE
Senator McCaslin: “A point of personal privilege, Mr. President. I object to being discriminated against, Senator Parlette. On mine, it says ‘You want, you pick ‘em.’ If I might continue, I believe Senator Kastama has spoken. Do you grow anything in your area, Senator?
Would you yield to a question, Senator?”
POINT OF INQUIRY
Senator McCaslin: “Senator Kastama, what do you grow in your area?”
Senator Kastama: “Well, I will tell you. We grow strawberries, daffodils, trees--things of that sort. You can make your request and I could have it to you in the spring time.”
Senator McCaslin: “Skip the daffodils, will you? We prefer something edible rather than a show, but we do appreciate whatever you are going to send us and then we will remark when you do.”
Senator Kastama: “Okay, thank you. I look forward to that, too.”
Senator McCaslin: “Senator Winsley suggested creme to go on the strawberries and cherries. That is a great idea, but we look forward to your splendor. I’m from Eastern Washington. Thank you very much, sir.”
Senator Kastama: “Thank you.”
PERSONAL PRIVILEGE
Senator Tim Sheldon: “A point of personal privilege. On another subject, I just want to mention something to the members. We often recognize events, birthdays, anniversaries and significant events that happen in our district and share them with other members. I also represent a small PUD--Mason County PUD ONE--which was the first operating PUD in the state. It started in 1934 and we had a great event that happened to our PUD yesterday. We learned about the small water system in our district that we manage and run for them called the Minerva Terrace. They applied for water rights in 1974 and yesterday we learned that they were granted. After a twenty-seven year wait, we are proud to say that Minerva Terrace now has water rights that have been granted by the Department of Ecology.”
PERSONAL PRIVILEGE
Senator West: “Thank you, Mr. President. A point of personal privilege. As you pointed out, we do have with us today, the Salary Commission. I would like to, by leave of the Senate, to explain to the Salary Commission that early in the session like this, we are engaged in committee work primarily. It is very preliminary. We haven’t moved bills to the floor from the committees, so our session today is fairly informal. We will, I think, very shortly be going in to caucus where we discuss legislation and then to committee meetings later.
“In my memory, this is the first time that the Salary Commission has actually come to the Senate and I would like to invite them back later in the year to observe a Senate session, as we approach cutoffs and as bills come out of committees. Also, I would like to invite them to some committee meetings. I know that they are volunteers--citizens--and they are not really compensated for their work, but I am pleased that they have taken the time today to come and observe the Senate. Please don’t judge this as a normal occurrence. We do get along down here as you might see, contrary to what you may read in the newspaper.”
MOTION
At 10:28 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Thursday, January 25, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate